The Constitution of Pakistan ( ur, ), also known as the 1973 Constitution, is the supreme law of Pakistan. Drafted by the government of

Zulfikar Ali Bhutto Zulfikar (or Zulfiqar) Ali Bhutto ( ur, , sd, ذوالفقار علي ڀٽو; 5 January 1928 – 4 April 1979), also known as Quaid-e-Awam ("the People's Leader"), was a Pakistani barrister, politician and statesman who served as the fourt ...

, with additional assistance from the country's

opposition parties Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. This article uses the term '' government'' as it is used in Parliamentary systems, i.e. meaning ...

, it was approved by the

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

on 10 April and ratified on 14 August 1973. The Constitution is intended to guide Pakistan's law, political culture, and system. It sets out the state's outline, the fundamental rights of the population, the state's law and orders, and also the structure and establishment of the institutions and the armed forces. The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a

bicameral Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...

legislature; an executive branch governed by the

Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...

as chief executive; and an apex federal judiciary headed by

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

. The Constitution designates the

President of Pakistan The president of Pakistan ( ur, , translit=s̤adr-i Pākiṣṭān), officially the President of the Islamic Republic of Pakistan, is the ceremonial head of state of Pakistan and the commander-in-chief of the Pakistan Armed Forces.Head of State A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...

who is to represent the unity of the state. The first six articles of the constitution outline the

political system In political science, a political system means the type of political organization that can be recognized, observed or otherwise declared by a state (polity), state. It defines the process for making official government decisions. It usually comp ...

federal parliamentary republic A federal parliamentary republic refers to a federation of states with a republican form of government that is, more or less, dependent upon the confidence of parliaments at both the national and sub-national levels. It is a combination of the ...

system; as well as Islam as its

state religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular, is not necessarily a t ...

. The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah. The

cannot make any laws which may be repugnant or contrary to the Constitution, however the Constitution itself may be amended by a

two-thirds majority 2/3 may refer to: * A fraction with decimal value 0.6666... * A way to write the expression "2 ÷ 3" ("two divided by three") * 2nd Battalion, 3rd Marines of the United States Marine Corps * February 3 * March 2 Events Pre-1600 * 537 – ...

in both the houses of the bicameral Parliament, unlike the previous legal documents of

1956 Events January * January 1 – The Anglo-Egyptian Condominium ends in Sudan. * January 8 – Operation Auca: Five U.S. evangelical Christian missionaries, Nate Saint, Roger Youderian, Ed McCully, Jim Elliot and Pete Fleming, are kille ...

and

1962 Events January * January 1 – Western Samoa becomes independent from New Zealand. * January 3 – Pope John XXIII excommunicates Fidel Castro for preaching communism. * January 8 – Harmelen train disaster: 93 die in the wor ...

. It has been

amended Amend as a verb means to change or modify something, as in: *Constitutional amendment, a change to the constitution of a nation or a state *Amend (motion), a motion to modify a pending main motion in parliamentary procedure Amend as a surname may ...

over time, and most recent impulses for political upgrades and reforms has been amended. Although enforced in 1973, Pakistan, however, celebrates the adoption of the constitution on 23 March—when the first set was promulgated in 1956—each and every year as Republic Day. Technically there are 26 amendments but 23 amendments were made in constitution and three were not passed by the parliament as the three amendments collapsed.

Origins and historical background

In a radio talk addressed to the people of

Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...

, broadcast in February 1948, Jinnah expressed his views regarding Pakistan's constitution-to-be in the following way: Pakistan was founded in 1947 as a Dominion (an independent realm or kingdom) within the British Commonwealth. The same was true in independent India. During its first few years of existence the British monarch was also Pakistan's head of state, as is still the case in Canada, Australia etc. Before writing a constitution, a

Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...

passed the Objectives Resolution, on the insistence of the

ulama In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''aalimath'' lural are the guardians, transmitters, and interpreters of religious ...

and

Jamaat-e-Islami Jamaat-e-Islami ( ur, ) () is an Islamic movement founded in 1941 in British India by the Islamic theologian and socio-political philosopher, Syed Abul Ala Maududi.van der Veer P. and Munshi S. (eds.''Media, War, and Terrorism: Responses fr ...

, in March 1949 to define the basic directive principles of the new state and to declare state recognition of the sovereignty of Allah over the universe. The Objectives Resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah. The Objectives Resolution has henceforth been inserted as a preamble into each of Pakistan's subsequent constitutions. The country became a republic when its first constitution was approved in 1956 but this was abrogated in 1958 after a military Coup d'état. Pakistan's second constitution was approved in 1962. It granted executive power to the president and abolished the office of the prime minister. It also institutionalised the intervention of military in politics by providing that for twenty years, the president or the defence minister must be a person who had held a rank not lower than that of lieutenant-general in the army.Backgrounder. Pakistan's Constitution
Author: Jayshree Bajoria , Council on Foreign Relations , Updated: 21 April 2010 The 1962 constitution was suspended in

1969 This year is notable for Apollo 11's first landing on the moon. Events January * January 4 – The Government of Spain hands over Ifni to Morocco. * January 5 **Ariana Afghan Airlines Flight 701 crashes into a house on its approach to ...

and abrogated in 1972.''Islamization of Laws and Economy, Case Studies on Pakistan'' by Charles Kennedy (Institute of Policy Studies, The Islamic Foundation, 1996, p.85) The 1973 constitution was the first in Pakistan to be framed by elected representatives. Unlike the 1962 constitution it gave Pakistan a

parliamentary democracy A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of t ...

with executive power concentrated in the office of the prime minister, and the formal head of state—the president—limited to acting on the advice of the prime minister. The Constitution states that all laws are to conform with the injunctions of

Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...

as laid down in the

Quran The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , ...

and

Sunnah In Islam, , also spelled ( ar, سنة), are the traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time evidently saw and followed and passed ...

. The 1973 Constitution also created certain institutions such as the Shariat Court and the Council of Islamic Ideology to channel the interpretation and application of Islam. After another coup d'état in 1977, the constitution was held in abeyance until it was "restored" in 1985 but with an amendment (the Eighth) shifting power from the parliament and Prime Minister to the president. Another Amendment (Seventeenth) in 2004 continued this shift, but in 2010, the Eighteenth amendment reduced presidential powers, returning the government to a

parliamentary republic A parliamentary republic is a republic that operates under a parliamentary system of government where the executive branch (the government) derives its legitimacy from and is accountable to the legislature (the parliament). There are a number ...

Previous legislation as Source

The successful independence movement led the establishment of

, independent from the

British Raj The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent; * * it is also called Crown rule in India, * * * * or Direct rule in India, * Quote: "Mill, who was him ...

in 1947. The

British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...

divided the Raj into two parts,

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

and

. The provisions of the

Government of India Act, 1935 The Government of India Act, 1935 was an Act adapted from the Parliament of the United Kingdom. It originally received royal assent in August 1935. It was the longest Act of (British) Parliament ever enacted until the Greater London Authorit ...

, had greatly influenced the state and served as its basic legal document until 1956. In 1950, Prime Minister

Liaquat Ali Khan Liaquat Ali Khan ( ur, ; 1 October 1895 – 16 October 1951), also referred to in Pakistan as ''Quaid-e-Millat'' () or ''Shaheed-e-Millat'' ( ur, lit=Martyr of the Nation, label=none, ), was a Pakistani statesman, lawyer, political theoris ...

authored the first

annexe Annex or Annexe refers to a building joined to or associated with a main building, providing additional space or accommodations. It may also refer to: Places * The Annex, a neighbourhood in downtown Toronto, Ontario, Canada * The Annex (New ...

that would pave a path to the drafting of the Constitution. Elected in 1947, the first

drafted and adopted its first constitution in 1956.

1956 Constitution

Following the adoption of a

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

in India in 1950, Pakistan's lawmakers were incentified to work on their constitution. Prime Minister

Muhammad Ali Muhammad Ali (; born Cassius Marcellus Clay Jr.; January 17, 1942 – June 3, 2016) was an American professional boxer and activist. Nicknamed "The Greatest", he is regarded as one of the most significant sports figures of the 20th century, ...

and his government officials worked with the

in the country to formulate a constitution for Pakistan. Finally, the joint work led to the promulgation of the first set of the constitution on 23 March 1956—a day when Pakistan celebrates its Republic Day over the adoption of the constitution. The constitution provided for parliamentary form of government with a

unicameral legislature Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multi ...

. It officially adopted Pakistan as "

Islamic Republic The term Islamic republic has been used in different ways. Some Muslim religious leaders have used it as the name for a theoretical form of Islamic theocratic government enforcing sharia, or laws compatible with sharia. The term has also been u ...

" and the principle of parity was introduced. Its features were: *

– Official name of the country was adopted * Objectives Resolution – The objective resolution was included as preamble by the constitution. *

System of government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...

–

Parliamentary A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...

with a

prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...

as head of government. *

Unicameral Legislature Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multi ...

– A single house, only a

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the r ...

that would consist of 300 members; 150 members from each

East East or Orient is one of the four cardinal directions or points of the compass. It is the opposite direction from west and is the direction from which the Sun rises on the Earth. Etymology As in other languages, the word is formed from the fac ...

and

West Pakistan West Pakistan ( ur, , translit=Mag̱ẖribī Pākistān, ; bn, পশ্চিম পাকিস্তান, translit=Pôścim Pakistan) was one of the two Provincial exclaves created during the One Unit Scheme in 1955 in Pakistan. It was ...

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

– Required to be a

Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...

and ceremonial

head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...

. In case of internal or external danger he could declare a state of emergency in the country. * Islamic law – No law would be passed against the teachings of the Quran and Sunnah. * Independent Judiciary – The

as an

apex court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions o ...

– a final arbitrator of all the decisions. * Fundamental rights included freedoms of movement,

speech Speech is a human vocal communication using language. Each language uses phonetic combinations of vowel and consonant sounds that form the sound of its words (that is, all English words sound different from all French words, even if they are th ...

and,

profession A profession is a field of work that has been successfully '' professionalized''. It can be defined as a disciplined group of individuals, '' professionals'', who adhere to ethical standards and who hold themselves out as, and are accepted b ...

and profess religion, right to life, liberty, and property. * Language –

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...

Urdu Urdu (;"Urdu"
'' Bengali Bengali or Bengalee, or Bengalese may refer to: *something of, from, or related to Bengal, a large region in South Asia * Bengalis, an ethnic and linguistic group of the region * Bengali language, the language they speak ** Bengali alphabet, the w ...

were made national languages. By the constitution,

Iskander Mirza Sahibzada Iskander Ali Mirza ( bn, ইস্কান্দার আলী মির্জা; ur, ; 13 November 1899 – 13 November 1969), , was a Pakistani Bengali general officer and civil servant who was the first President of Pakistan. ...

assumed the

presidency A presidency is an administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation. Although often the executive branch of government, and often personified by ...

but his constant involvement in national affairs, as opposed to Constitution, dismissed four elected prime ministers in two years. Under public pressure, Mirza upheld the ''coup d'état'' in 1958, thus virtually suspending the constitution. Shortly afterwards

General Ayub Khan Muhammad Ayub Khan (Urdu: ; 14 May 1907 – 19 April 1974), was the second President of Pakistan. He was an army general who seized the presidency from Iskander Mirza in a coup in 1958, the first successful coup d'état in the country's h ...

deposed Mirza and declared himself president.

1962 Constitution

appointed a Constitution Commission to draft another part of the constitution under Chief Justice Muhammad Shahabuddin. Submitted its considerations on 6 May 1961,

Ayub Khan Ayub Khan is a compound masculine name; Ayub is the Arabic version of the name of the Biblical figure Job, while Khan or Khaan is taken from the title used first by the Mongol rulers and then, in particular, their Islamic and Persian-influenced s ...

altered the entire version of the constitution which was entirely different from the one recommended by Chief Justice Muhammad Shahabuddin. It was promulgated on 8 June 1962. Main feature of this set was the introduction of the

Presidential system A presidential system, or single executive system, is a form of government in which a head of government, typically with the title of president, leads an executive branch that is separate from the legislative branch in systems that use separatio ...

and more consolidated powers to the

. No further changes were carried out to oppose the 1956 document. Its features includes: *More powers to the

1970 Legal Framework Order

President

invited Chief of Army Staff General

Yahya Khan General Agha Muhammad Yahya Khan , (Urdu: ; 4 February 1917 – 10 August 1980); commonly known as Yahya Khan, was a Pakistani military general who served as the third President of Pakistan and Chief Martial Law Administrator following his p ...

to enforce the

martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martia ...

in the country. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in

and ordered general elections on the principle of

one man, one vote "One man, one vote", or "one person, one vote", expresses the principle that individuals should have equal representation in voting. This slogan is used by advocates of political equality to refer to such electoral reforms as universal suffrage, ...

. The

military government A military government is generally any form of government that is administered by military forces, whether or not this government is legal under the laws of the jurisdiction at issue, and whether this government is formed by natives or by an occup ...

and President Yahya himself made no efforts to frame a constitution, aside from issuing the extrajudicial order in 1970. Across the country, the expectations were that a

would be set up by holding a

free and fair election A free and fair election is defined by political scientist Robert Dahl as an election in which "coercion is comparatively uncommon". A free and fair election involves political freedoms and fair processes leading up to the vote, a fair count of el ...

. To hold the proposed elections, President Yahya promulgated a Legal Framework Order on 30 March 1970 that also spelled out the fundamental principles of the proposed constitution and the structure and composition of the national and provincial assemblies. In December 1970, nationwide general elections were held simultaneously for both the national and five provincial assemblies. The

nationalist Nationalism is an idea and movement that holds that the nation should be congruent with the state. As a movement, nationalism tends to promote the interests of a particular nation (as in a group of people), Smith, Anthony. ''Nationalism: Th ...

Awami League In Urdu language, Awami is the adjectival form for '' Awam'', the Urdu language word for common people. The adjective appears in the following proper names: *Awami Colony, a neighbourhood of Landhi Town in Karachi, Sindh, Pakistan *Awami Front, wa ...

(AL) secured the mandate of

East Pakistan East Pakistan was a Pakistani province established in 1955 by the One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India and Myanmar, wit ...

but failed to perform in any four provinces of Pakistan. The socialist

Pakistan People's Party The Pakistan People's Party ( ur, , ; PPP) is a centre-left, social-democratic political party in Pakistan. It is currently the third largest party in the National Assembly and second largest in the Senate of Pakistan. The party was founded i ...

(PPP) under the leadership of

gained a mandate in

Punjab Punjab (; Punjabi Language, Punjabi: پنجاب ; ਪੰਜਾਬ ; ; also Romanization, romanised as ''Panjāb'' or ''Panj-Āb'') is a geopolitical, cultural, and historical region in South Asia, specifically in the northern part of the I ...

and

Sind Sindh (; ; ur, , ; historically romanized as Sind) is one of the four provinces of Pakistan. Located in the southeastern region of the country, Sindh is the third-largest province of Pakistan by land area and the second-largest province ...

h but failed in

, NWFP and

Balochistan Balochistan ( ; bal, بلۏچستان; also romanised as Baluchistan and Baluchestan) is a historical region in Western and South Asia, located in the Iranian plateau's far southeast and bordering the Indian Plate and the Arabian Sea coastline. ...

1970 constitutional crisis

Constitutional crisis grew further when the AL refused to make concessions over its six points to draft the constitution and instead maintaining that the AL was able to frame a constitution and to form a central government on its own. The PPP was not willing to dilute the authority of the

federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...

in spite of assuring full provincial autonomy for all the

provinces of Pakistan The administrative units of Pakistan comprise four provinces, one federal territory, and two disputed territories: the provinces of Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan; the Islamabad Capital Territory; and the administrative ...

. Negotiations on framing the work on constitution were held between January and March 1971 between leaders of the PPP, the AL, and the

, which turned out to be a failure. Under the LFO, the President was to decide when the

was to meet. By 13 February 1971, the President Yahya announced that the

was to meet at

Dhaka Dhaka ( or ; bn, ঢাকা, Ḍhākā, ), List of renamed places in Bangladesh, formerly known as Dacca, is the Capital city, capital and List of cities and towns in Bangladesh, largest city of Bangladesh, as well as the world's largest ...

on 3 March 1971. By this time the differences between the main parties to the conflict had already

crystal A crystal or crystalline solid is a solid material whose constituents (such as atoms, molecules, or ions) are arranged in a highly ordered microscopic structure, forming a crystal lattice that extends in all directions. In addition, macro ...

lized. Over the six-point issue, the PPP was convinced that a federation based on the six points would lead to a feeble confederation in name only and was part of a larger Indian plan to break up and destroy Pakistan. These fears were evidently shared by the military leaders in the west, including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on 14 January 1971. Bhutto announced on 15 February that his party would not attend the National Assembly unless there was 'some amount of reciprocity' from the Awami League. Sheikh Mujib replied at a press conference on 21 February, asserting that "Our stand is absolutely clear. The constitution will be framed on the basis of the six points". Such an announcement led the PPP to demand the removal of the National Assembly session, or the opening session to be postponed. The PPP threatened to stage a large scale

general strike A general strike refers to a strike action in which participants cease all economic activity, such as working, to strengthen the bargaining position of a trade union or achieve a common social or political goal. They are organised by large coa ...

all over the country. Under pressure by the PPP, President Yahya postponed the

session on 25 March which came as a shattering disillusionment to the AL and their supporters throughout East Pakistan. It was seen as a betrayal and as proof of the authorities of the Pakistan to deny them the fruits of their electoral victory. This resulted in the outbreak of violence in East Pakistan. The Awami League launched a non-co-operation movement as they virtually controlled the entire province. Due to disturbances in

, no National Assembly session was called and the

military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...

moved into

and executed

Operation Searchlight Operation Searchlight was the codename for a planned military operation carried out by the Pakistan Army in an effort to curb the Bengali nationalist movement in former East Pakistan in March 1971. Pakistan retrospectively justified the opera ...

. The

civil disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". H ...

movement turned into an armed

liberation movement A liberation movement is an organization or political movement leading a rebellion, or a non-violent social movement, against a colonial power or national government, often seeking independence based on a nationalist identity and an anti-imperial ...

backed by

. With India successfully intervening in the conflict, the Pakistan military

surrendered Surrender, in military terms, is the relinquishment of control over territory, combatants, fortifications, ships or armament to another power. A surrender may be accomplished peacefully or it may be the result of defeat in battle. A sove ...

to the Indian military and almost 45,000 military personnel were taken as

prisoners of war A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of w ...

on 16 December 1971. Demoralized, gaining notoriety in the country, and finding himself unable to control the situation, President Yahya ultimately handed over the

national power National power is defined as the sum of all resources available to a nation in the pursuit of national objectives. Assessing the national power of political entities was already a matter of relevance during the classical antiquity, the middle ages ...

to the PPP, of which

was sworn in on 20 December 1971 as President and as the (first civilian) Chief Martial Law Administrator.

Constitutional convention

After

Bangladesh Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mo ...

was formed in 1971, the PPP formed the government and partially enacted the 1962 constitution. President

called for a constitutional convention and invited the leaders of the all

political parties A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology ...

to meet him on 17 April 1972. Leaders and constitutional experts of the Islamic political parties,

conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...

parties,

socialists Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the econ ...

and

communist Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, ...

parties were delegated to attend the constitutional convention in 1972.

Drafting and ratification

The law experts, constitutional analysts, and country's reputed clergymen worked on formulating a constitution that they hoped would represent the will and desire of people. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the 1956 articles." Also, the convention was not limited to the religion, exigencies of government and the preservation of the State; rather it was intended to maintain delicacy in commerce,

finances Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of f ...

, issue of loans to federation, and

Separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typi ...

. Several key ideas of the

philosophy Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. ...

John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of ...

and Islamic provisions on civil rights were interchanged in the Constitution. The Constitution ultimately established a

, with the

as the

lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...

and the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

as the

upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...

. It also established the parliamentary form of government with

as its

head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a ...

; the elected

genuinely representing the will of the people. The Constitution truly maintained a delicate balance between traditionalists and modernists and reflected heavy compromises on fundamental religious rights in the country. The

fundamental rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...

, freedoms of

religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatur ...

, press, movement, association,

thought In their most common sense, the terms thought and thinking refer to conscious cognitive processes that can happen independently of sensory stimulation. Their most paradigmatic forms are judging, reasoning, concept formation, problem solving, an ...

, and

intellectual An intellectual is a person who engages in critical thinking, research, and reflection about the reality of society, and who proposes solutions for the normative problems of society. Coming from the world of culture, either as a creator o ...

life, liberty and property "Life, Liberty and the pursuit of Happiness" is a well-known phrase from the United States Declaration of Independence. Scanned image of the Jefferson's "original Rough draught" of the Declaration of Independence, written in June 1776, including ...

and right to bear arms were introduced in the new Constitution.

was declared as the State religion of Pakistan.

Geography Geography (from Greek: , ''geographia''. Combination of Greek words ‘Geo’ (The Earth) and ‘Graphien’ (to describe), literally "earth description") is a field of science devoted to the study of the lands, features, inhabitants, an ...

and border statue of the country was redefined and "Pakistan was to be a Federation of Four Provinces." The Constitution was written in the point of representing the conservative

as well as reflecting a heavy compromise over the religious rights and

humanism Humanism is a philosophical stance that emphasizes the individual and social potential and agency of human beings. It considers human beings the starting point for serious moral and philosophical inquiry. The meaning of the term "human ...

ideas, advocated by the PPP. On 20 October 1972, the draft was revived by all leaders of the

and signed the declaration of adopting the Constitution in the

on 2 February 1973. Ratified unanimously on 19 April 1973, the Constitution came into full effect on 14 August 1973. On the same day, the successful

vote of confidence A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or m ...

movement in the

endorsed Zulfikar Bhutto as the elected

after latter relinquishing the

after appointing Fazal-i-Ilahi to that office.

Structure

Fundamental rights

Contrary to Constitution of 1956 and Constitution of 1962, several ideas in the Constitution were new, and guaranteed security to each citizen of Pakistan. First part of the Constitution introduced the definition of ''State'', the idea of life, liberty and property, individual equality,

prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholi ...

slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

, preservation of

languages Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of met ...

right to fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, t ...

, and provided safeguard as to arrest and detention as well as providing safeguards against discrimination in services. The

due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...

clause of the Constitution was partly based on the British

Common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

, as many

founding fathers The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e. ...

and legal experts of the country had followed the British legal tradition. The fundamental rights are supreme in the Constitution and any law that is ''

ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...

'' the fundamental rights can be struck down by the apex courts in their constitutional jurisdiction vested on them under Article 199 of the Constitution.

Provisions

In contrast to the constitutions of

and

, the Constitution reflected a heavy compromise over several issues to maintain a delicate balance of power among the country's institutions. The Constitution defined the role of

; Pakistan was to be a Federation of Four Provinces and shall be known as the Islamic Republic of Pakistan; introduction of check and balances,

separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typi ...

, and provided the federal system under which the government should govern. The Constitution established a "

Bicameral Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...

" as a legislative authority that consists of the

Upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...

(providing equal provincial representation), and

Lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...

(providing the will and representation of people). The Constitution put stipulation on the eligibility of becoming

and

that only "

" of not less than forty-five years of age and is qualified for becoming the

. No law repugnant to Islam shall be enacted and the present laws shall also be Islamised. The Constitution also introduced a new institution known as the "Council of Common Interests" consisting of Chief Minister of each four provinces and an equal number of Cabinet ministers of the

Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...

nominated by the Prime Minister. The Council could formulate and regulate the policy in the Part II of the Legislative List. In case of complaint of interference in water supply by any province the Council would look into the complaint. Another major innovative introduction in the Constitution is the establishment of the National Finance Commission (NFC) consisting of the Provincial and Finance Ministers and other members to advice on distribution of revenues between the federation and the provinces. The Constitution's first parts introduce the Islamic way of life, promotion of local government, full participation of women in national life, protection of minorities, promotion of social and economic well being of the people, and strengthening the bonds with the Muslim world and to work for international peace. Under the Constitution, the

Fundamental Rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...

include security of person, safeguards as to arrest and detention, prohibition of

and

forced labour Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, violence including death, or other forms of ex ...

freedom of movement Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights ...

freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...

, freedom of speech, freedom to profess religion and safeguards to religious institutions, non-discrimination in respect of access to public places and in service, preservation of

language Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of ...

s, script and culture. The judiciary enjoys full supremacy over the other organs of the state. About national languages,

Urdu Urdu (;"Urdu"
'' English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...

as official language; all other

were preserved by the Constitution.

Islamic introduction

Many key ideas on regarding the role of

in the State that were mentioned in 1956 Articles were made part of the Constitution: * The official name "Islamic Republic of Pakistan" as selected for the state of Pakistan. * Islam is declared as the

of Pakistan. * Enabling of living life, culture, and customs of Muslims, individually or collectively, in accordance with the fundamental principles and basic concepts of Islam. * Teachings on

Arabic Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter ...

, and ''Islamiyat'' to be compulsory in country's institutions and to secure correct and exact printing and publishing of the Quran. * Proper organisations of ''

Zakat Zakat ( ar, زكاة; , "that which purifies", also Zakat al-mal , "zakat on wealth", or Zakah) is a form of almsgiving, often collected by the Muslim Ummah. It is considered in Islam as a religious obligation, and by Quranic ranking, is ...

'', ''Waqf'', and mosques is ensured. * Prevent prostitution, gambling and consumption of alcohol, printing, publication, circulation, pornography, and display of obscene literature and

advertisements Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...

. * Required to be a

to run for bid of becoming the

(male or female) and/or

(male or female). No restriction as to religion or gender on any other post, up to and including provincial governor and Chief Minister. * All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Quran and Sunnah and no law shall be enacted which is repugnant to such injunctions. * A Council of Islamic Ideology shall be constituted referred to as the Islamic advisory council. * The Constitution of Pakistan defined a

as a person who believes in the unity and oneness of

Allah Allah (; ar, الله, translit=Allāh, ) is the common Arabic word for God. In the English language, the word generally refers to God in Islam. The word is thought to be derived by contraction from '' al- ilāh'', which means "the god", a ...

, in the absolute and unqualified finality of the

Prophethood In religion, a prophet or prophetess is an individual who is regarded as being in contact with a divine being and is said to speak on behalf of that being, serving as an intermediary with humanity by delivering messages or teachings from the s ...

of the

Islamic prophet Prophets in Islam ( ar, الأنبياء في الإسلام, translit=al-ʾAnbiyāʾ fī al-ʾIslām) are individuals in Islam who are believed to spread God's message on Earth and to serve as models of ideal human behaviour. Some prophets ar ...

Muhammad Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mon ...

, and does not believe in, or recognise as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad. * In keeping with this definition, the

Second The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds ea ...

Amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...

to the Constitution (1974) declared for the first time the

Ahmadiyya Community Ahmadiyya (, ), officially the Ahmadiyya Muslim Community or the Ahmadiyya Muslim Jama'at (AMJ, ar, الجماعة الإسلامية الأحمدية, al-Jamāʿah al-Islāmīyah al-Aḥmadīyah; ur, , translit=Jamā'at Aḥmadiyyah Musl ...

and/or the Lahori Group as non-Muslims, since their leader,

Mirza Ghulam Ahmad Mirzā Ghulām Ahmad (13 February 1835 – 26 May 1908) was an Indian religious leader and the founder of the Ahmadiyya movement in Islam. He claimed to have been divinely appointed as the promised Messiah and Mahdi—which is the metapho ...

, claimed to be prophet of God. * However, the Fourth Amendment (1975) set aside six seats in the

for non-Muslim representatives to protect minority rights. * The state shall endeavour to strengthen the bonds of unity among Muslim countries. *Islamic revisions were introduced into the

Pakistan Penal Code The Pakistan Penal Code (; ), abbreviated as PPC, is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of India as the Indian Penal ...

Parts

The individual Articles of the Constitution are grouped together into the following Parts: * Preamble * Part I – Introductory * Part II – Fundamental Rights and Principles of Policy * Part III – The Federation of Pakistan * Part IV – Provinces * Part V – Relations between Federation and Provinces * Part VI – Finance, Property, Contracts and Suits * Part VII – The Judicature * Part VIII – Elections * Part IX – Islamic Provisions * Part X – Emergency Provisions * Part XI – Amendment of Constitution * Part XII – Miscellaneous

Schedule

Schedules are lists in the Constitution that categorise and tabulate bureaucratic activity and policy of the Government. *First Schedule – *Second Schedule – *Third Schedule: – *Fourth Schedule: – *Fifth Schedule: –

Amendments

Unlike the previous documents, the Constitution cannot be changed, instead constitutional amendments are passed; altering its effect. Amendments to the Constitution are made through the

, where a

Two-thirds majority 2/3 may refer to: * A fraction with decimal value 0.6666... * A way to write the expression "2 ÷ 3" ("two divided by three") * 2nd Battalion, 3rd Marines of the United States Marine Corps * February 3 * March 2 Events Pre-1600 * 537 – ...

and voting is required in both houses for a constitutional amendment to take its effect, in accordance to the Constitution. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of provincial legislatures. , 25 amendments have been made to the Constitution. Among the most important of these are the Eighth (1985) and Seventeenth Amendments (2004), which changed the government from a

parliamentary system A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of th ...

to a

semi-presidential system A semi-presidential republic, is a republic in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of the state. It differs from a parliamentary republic in that it has ...

. By far the largest change to the Constitution was the Eighteenth Amendment made in 2010 which reversed these expansions of presidential powers, returning the government to a

, and also defined any attempt to subvert, abrogate, or suspend the constitution as an act of high treason. The latest of these amendments, the Twenty-Fifth amendment incorporated the former

Federally Administered Tribal Areas , conventional_long_name = Federally Administered Tribal Areas , nation = Pakistan , subdivision = Autonomous territory , image_flag = Flag of FATA.svg , image_coat = File:Coat of arms ...

into the province of

Khyber Pakhtunkhwa Khyber Pakhtunkhwa (; ps, خېبر پښتونخوا; Urdu, Hindko: خیبر پختونخوا) commonly abbreviated as KP or KPK, is one of the four provinces of Pakistan. Located in the northwestern region of the country, Khyber Pakhtunkhwa ...

Original text

Preamble

Signatories

All of the MNAs
full list
signed the Constitution except

Mian Mahmud Ali Kasuri Mian Mahmud Ali Kasuri (1910–1987) was a prominent Pakistani opposition politician, human rights advocate and lawyer who became a Senior Advocate Supreme Court. He joined the He served in the Indian National Congress (INC) Party before Pakistan's ...

, Dr. Abdul Hayee Baloch, Abdul Khaliq Khan, Haji Ali Ahmed Khan, and Nizamuddin Haider. Sahibzada Muhammad Nazeer Sultan is currently the last serving member of the National Assembly who was also elected as the Member of National Assembly in the 1970 elections & was one of the last signatories of 1973 Constitution of the Islamic Republic of Pakistan.

References

Sources

External links

Constitution of Islamic Republic of Pakistan
includin

via Law and Justice Commission
Full Text and Case Law
via Zain Sheikh & Associates
Urdu text
via National Assembly
Laws & Order, 2002 (Updated Version)
{{Authority control 1973 in law 1973 documents Government documents of Pakistan Pakistani philosophical literature History of Pakistan Pakistan Movement